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1938 DAILYLAW 5 (DEL)

SHRI GAURAV SINGH v. STATE (GOVT. OF NCT OF DELHI) & ORS.

W.P.(CRL)/1938/2026 · 2026-07-08

Saurabh Banerjee

Writ Petition (Criminal)body1938

Judgment text

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$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1938/2026, CRL.M.A. 19384/2026, CRL.M.A. 19385/2026 SHRI GAURAV SINGH .....Petitioner Through: Mr. Tushar Sharma, Adv. versus STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Sanjeev Bhandari, ASC with Mr. Arjit Sharma and Ms. Sakshi Jha, Advs. SI- Vipin Shokeen, Special Staff CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 08.07.2026 1. By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks the following reliefs: “(a) Issue an appropriate Writ, Order or Direction, more particularly a Writ in the nature of Mandamus, directing the Respondent Authorities to conduct a fair, impartial, unbiased, transparent and evidence-based investigation in accordance with law, without being influenced by extraneous considerations, preconceived notions or the allegations of any private individual, and after objectively considering all documentary and oral evidence produced by the Petitioner; (b) Issue an appropriate Writ, Order or Direction directing the Respondent Authorities to consider, examine This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:55:20 and duly appreciate the documentary evidence produced by the Petitioner, including but not limited to the General Power of Attorney, Agreement to Sell, Affidavit, Will, property documents handed over by Shri Rajneesh Rana, documentary proof of payments made to Shri Rajneesh Rana and Shri Brijesh Sharma, and all other documents produced by the Petitioner, before arriving at any conclusion regarding his role in the investigation; (c) Issue an appropriate Writ, Order or Direction directing the Respondent Authorities to investigate the role of all persons connected with the transaction, including those who represented title, negotiated the transaction, executed the documents and received the sale consideration, and not to adopt a selective or one-sided approach against the Petitioner; (d) Issue an appropriate Writ, Order or Direction directing the Respondent Authorities not to take any arbitrary, illegal or coercive action, including arrest, against the Petitioner except strictly in accordance with the procedure established by law, after objectively evaluating the entire material collected during investigation and only upon the existence of credible material demonstrating the Petitioner's conscious involvement in the alleged offences; (e) Issue an appropriate Writ, Order or Direction directing the Respondent Authorities that, in the event the presence of the Petitioner is required during the course of investigation, the Petitioner shall be permitted to cooperate with the investigation by responding to notices issued in accordance with law and that no coercive action shall be resorted to merely because the Petitioner has entered into the property transaction in question; (f) Issue an appropriate Writ, Order or Direction directing the Respondent Authorities to place before this Hon'ble Court the entire investigation record, including the complaints, enquiry proceedings, statements recorded, notices issued, documentary evidence collected and the present status of the investigation, so that this Hon'ble Court This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:55:20 may satisfy itself that the investigation is being conducted fairly, impartially and in accordance with law; (g) Issue an appropriate Writ, Order or Direction directing the Respondent Authorities to preserve all documentary, electronic and digital evidence, including mobile phone data, call detail records, CCTV footage, electronic communications, WhatsApp chats, emails, payment records, banking records, registration records and all other relevant material connected with the transaction, so that the investigation is conducted on the basis of the best available evidence; (h) Pending disposal of the present Writ Petition, issue an interim direction restraining the Respondent Authorities from taking any precipitate, arbitrary or coercive action, including arrest, against the Petitioner without first placing before this Hon'ble Court the material relied upon for taking such action, or without following the procedure established by law;” 2. After some arguments, learned counsel for the petitioner seeks to withdraw the present petition with liberty to seek appropriate remedies in accordance with law. 3. Accordingly, the present petition, alongwith pending applications, is dismissed as withdrawn with liberty as prayed for. SAURABH BANERJEE, J JULY 8, 2026/Ab This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/07/2026 at 11:55:20